Housing Act 1985

Section 579.

SCHEDULE 22 Compulsory Purchase Orders Under Section 290

Introductory.

1 This Schedule applies to compulsory purchase orders under section 290 (acquisition of land comprised in, surrounded by or adjoining a clearance area).

Form of order.

2 The order shall be in the prescribed form, shall describe by reference to a map the land to which it applies and shall show in the prescribed manner—

(a) what parts, if any, of the land to be purchased compulsorily are outside the clearance area, and

(b) what buildings, if any, to be purchased compulsorily are included in the clearance area only on the ground that they are by reason of their bad arrangement in relation to other buildings, or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area.

Notice of making of order.

3 (1) Before submitting the order to the Secretary of State the local housing authority shall comply with the following requirements.

(2) They shall publish in one or more newspapers circulating in their district a notice in the prescribed form stating the fact of such an order having been made, describing the area comprised in it, and naming a place where a copy of the order and of the map referred to in it may be seen at all reasonable hours.

(3) They shall serve on—

(a) every owner of the land to which the order relates,

(b) every lessee or occupier of the land, other than a tenant for a month or less than a month or a statutory tenant, and

(c) every mortgagee of the land whom it is reasonably practicable to ascertain,

a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Secretary of State for confirmation and specifying the time within and the manner in which objections to it can be made.

(4) A notice which under sub-paragraph (3) is to be served on an owner, lessee or occupier may be served by addressing it to him by the description of “owner” or “lessee” or “occupier” of the land (describing it) to which it relates and delivering it to some person on the premises or, if there is no person on the premises to whom it may be delivered, by fixing it, or a copy of it, to some conspicuous part of the premises.

Hearing of objections.

4 (1) If an objection duly made by a person on whom a notice is required to be served under paragraph 3 is not withdrawn, the Secretary of State shall before confirming the order either—

(a) cause a public local inquiry to be held, or

(b) afford to every such person by whom an objection has been made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose,

and shall consider any objection not withdrawn and the report of the person who held the inquiry or was so appointed.

(2) Where an objection not withdrawn has been made on the ground that a building included in the order is not unfit for human habitation, the local housing authority shall, at least 28 days before the date of the inquiry or hearing—

(a) serve on the objector a notice in writing stating what facts have emerged as their principal grounds for being satisfied that the building is so unfit, and

(b) send a copy of the notice to the Secretary of State.

(3) A person who objects to the order on the grounds that a building included in the order (being a building in which he is interested) is not unfit for human habitation and who appears at the public local inquiry or hearing in support of his objection shall, if the building is included in the order as confirmed as being unfit for human habitation, be entitled, on making a request in writing, to be furnished by the Secretary of State with a statement in writing of his reasons for deciding that the building is so unfit.

(4) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State may require a person who has made an objection to s" tate in writing the grounds of his objection and may disregard the objection for the purposes of this paragraph if he is satisfied that it relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.

Confirmation of order.

5 (1) The Secretary of State may confirm the order, with or without modification—

(a) if no objection is duly made by any of the persons on whom notices are required to be served or if all objections so made are withdrawn; or

(b) after considering any objection duly made which is not withdrawn and the report of the person who held the inquiry or of the appointed person.

(2) His power to confirm the order with modifications is not exercisable so as to authorise the local housing authority—

(a) to purchase land which the order as submitted would not have authorised them to purchase, or

(b) to purchase as land comprised in the clearance area land shown in the order as submitted as being outside the area, or

(c) to purchase a building compulsorily on terms less favourable as to compensation than those which would have applied if the order had been confirmed as submitted.

(3) If the Secretary of State is of opinion that land included by the local housing authority in the clearance area should not have been so included, he shall in confirming the order modify it so as to exclude the land for all purposes from the clearance area; but if in such a case he is of opinion that the land might properly be purchased by the authority under section 290(2) (land surrounded by or adjoining clearance area), he shall further modify the order so as to authorise them to purchase the land under that provision.

(4) The Secretary of State may confirm notwithstanding that the effect of the modifications made by him in excluding a building from a clearance area is to sever the area into two or more separate and distinct areas; and in such a case the provisions of this Act relating to the effect of the order when confirmed and to the proceedings to be taken subsequent to its confirmation apply to those areas as one clearance area.

Notice of confirmation of order.

6 So soon as may be after the order has been confirmed by the Secretary of State, the local housing authority shall—

(a) publish in a newspaper circulating in their district a notice in the prescribed form stating that the order has been confirmed and naming a place where a copy of the order as confirmed and of the map referred to in the order may be seen at all reasonable hours, and

(b) serve a like notice on every person who, having given notice to the Secretary of State of his objection to the order, appeared at the public local inquiry or before the appointed person in support of his objection.

Challenge to validity of order.

7 (1) If a person aggrieved by the order desires to question its validity on the ground—

(a) that it is not within the powers of this Act, or

(b) that any requirement of this Act has not been complied with,

he may within six weeks after publication of the notice of confirmation of the order make an application for the purpose to the High Court.

(2) Where such an application is duly made, the court may by interim order suspend the operation of the order, either generally or in so far as it affects property of the applicant, until the final determination of the proceedings.

(3) If on the hearing of the application the court is satisfied—

(a) that the order is not within the powers of this Act, or

(b) that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with,

the court may quash the order, either generally or in so far as it affects property of the applicant.

(4) No appeal lies to the House of Lords from a decision of the Court of Appeal in proceedings under this paragraph except by leave of the Court of Appeal.

(5) Subject to the provisions of this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after the order is confirmed.

Notice of order having become operative.

8 (1) Subject to the provisions of paragraph 7, the order becomes operative at the expiration of six weeks from the date on which notice of confirmation of the order is published in accordance with paragraph 6.

(2) So soon as may be after the order has become operative the local housing authority shall serve a copy of the notice on every person on whom a notice was served by them under paragraph 3 of their intention to submit the order to the Secretary of State for confirmation.

Costs of opposing orders, &c..

9 (1) The Secretary of State may make such order as he thinks fit in favour of an owner of lands included in the compulsory purchase order for the allowance of reasonable expenses properly incurred by the owner in opposing the order.

(2) The following shall be deemed to be expenses of the local housing authority under this Part—

(a) expenses allowed to a person under sub-paragraph (1), and

(b) expenses incurred by the Secretary of State in relation to a compulsory purchase order, to such amount as he thinks proper to direct,

and shall be paid to that person and to the Secretary of State in such manner and at such times, either in one sum or by instalments, as the Secretary of State may order.

(3) The Secretary of State may order interest to be paid, at such rate not exceeding 5 per cent. per annum as he thinks fit, upon any sum for the time being due in respect of expenses under sub-paragraph (2).

(4) An order made by the Secretary of State in pursuance of this paragraph may be made a rule of the High Court, and be enforced accordingly.